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ACTS 



RELATING TO THE 



PUBLIC SCHOOLS 



RHODE ISLAND. 



Published by order of the General Assembly, June Session, 1846. 



PROVIDENCE : 

B. CRANSTON & CO. 

1846. 






1 his edition of the School Laws of Rhode Island is published pursuant 
to Section IV, of an '■'■ Act m addition to, and amendment of an Act relating 
to Public Schools," of the General Assembly, passed at Newport, June, 
1846. 

HENRY BARNARD, 

Commissioner of Public Schools. 



REPORT OF THE JOINT COMMITTEE ON THE SCHOOL LAWS. 

To the General Assemhbj : 

At the last session, Messrs. Bosworth, Lawton and Tourtellot of the House, and 
Messrs. Congdon and Ballou of the Senate, were appointed a Joint Committee to 
examine the act relating to Public Schools. This committee have had several 
meetings, and the result of their deliberations has been that very few alterations 
are advisable in the system, at least, at present. The main features of the act ihey 
are satisfied will recommend themselves more and more to the approbation of the 
people the longer they are tried. Any practical inconveniences which may be 
found to arise from the law hereafter, can better be remedied as they arise, and 
the committee do not c(msider that there will very often be occasion for the As- 
sembly to make amendments, as, by a happy provision in flie law, the Commis- 
sioner, under the advice and with the approval of a Judge of the Supreme Court, 
is already authorized to settle any difficulties as to the construction of the act. 

As there seems to have been a difference of opinion as to the time the act went 
into effect, and as the schools of last year were not kept in all respects according 
to the new law, the committee have reported a separate resolution to provide for 
such cases. 

The only amendments the Committee think proper, at the present time, they 
have embodied in a bill, which they report for the action of the Assembly. 

OLNEY BALLOU, 

State of Rhode Island and Providence I CALEB CONGDON, 
Plantations. General Assembly, ALFRED BOSWORTH. 

June Session, A. D. 184G. | EDWARD W. LAWTON, 

JESSE S. TOURTELLOT, 



Voted, and Resolved, That the School Committees of the several towns shall 
have full powers to settle up all accounts for keeping the schools in their towns 
for the past year, according to the best of their judgment and discretion, notwith- 
standing such schools may not have been kept in all respects, according to the 
provisions of the present law ; and that all acts and doings of the school commit- 
tees of the several towns, and, school districts, done in good faith during the past 
year, and before the election of the present committees and trustees, shall be held 
good in law, ar.d are hereby confirmed. 
True copy — witness 

HENRY BOWEN, Sec'ry. 



[state of RHODE ISLAND, AND PROVIDENCE PLANTATIONS.] 



AN ACT RELATING TO PUBLIC SCHOOLS, 

Passed, June Session, 1845. 



Section 
I. Officeof Commissioner of Public Schools. 
II. Annual Stale Appropriation. 
Ilf. Duties of Commissioner. 
IV. Powers and duties of towns. 
V. Powers and duties of school commit- 
tees, where the town is divided into 
school districts. 

VI. Duties of do. when not thus divided. 

VII. Town school libraries. 

VIII. Duties of town clerk. 

IX. Duties of town treasurer 

X. School districts must be numbered, de- 

scribed and recorded. 

XI. Consolidated and divided school dis- 
tricts. 

XII. Notice of school district meetings. 

XIII. Powers and duties of school districts. 

XIV. Powers and duties of trustees. 

XV, Mode of assessing a district tax. 

XVI. Powers of school committee on the 
neglect or refusal of a school district to 
maintain a school. 



Section 

XVII. Towns may build school-houses. 
XVIII. Establishment of secondary schools. 

XIX. Adjoining districts in different towns, 

XX. Examination and certificate of teachers; 
XXI. Register of schools by teachers. 

XXII. Narragansett Indians. 

XXIIi. No child can be excluded from a 
public school on account of poverty. 

XXIV. Children in one town or district may 
attend school }n an adjoining town or dis- 
trict, by arrangement. 

XXV. School money falsely drawn forfeited 
to the State. 

XXVI. Word " town" ir.eludes city of Prov- 
idence for certain purposes only. 

XXVII. Decision of Commissioner of Pub- 
lic Schools, when approved by a Judge of 
the Supreme Court, final and couclusive, 
in all cases arising under this act. 

XXVIII. All former legislation repealed. 
XXIX. Act to take effect after the October 
Session, 1845. 



It is enacted by the General Assembly as follows : 

I. State Appropriation and Supervision. Section I — III. 

Section 1. For the uniform and efficient administration of this Act, 
and the supervision and improvement of such schools as may be support- 
ed in any manner out of appropriations from the General Treasury, the 
Governor shall appoint an officer, to be called the Commissioner of Pub- 
lic Schools, who shall hold his office one year, and until his successor 
shall be appointed, viriih such compensation for his services, and allowance 
for his expenses, as the General Assembly shall determine. 

[By act of June 1846, § 5, in case of the sickness or absence of the Commis- 
sioner, the Governor may appoint a person to act as Commissioner during his ab- 
sence or sickness.] 

Sec. II. For the encouragement and maintenance of public schools in 
the several tow^ns and cities of the State in the manner hereinafter pre- 
scribed, the sum of twenty-five thousand dollars is hereby annually appro- 
priated, payable out of the annual avails of the School Fund, and of the 
money deposited with this State by the United States, and other moneys 
not otherwise specially appropriated ; and the General Treasurer is au- 
thorized and directed to pay all orders drawn by the Commissioner of 
Public Schools in pursuance of the provisions of this act, or of resolu- 
tions of the General Assembly : Provided, the aggregate amount of 
such orders in any one year shall not exceed the sum of twenty-five 
thousand dollars. 

Sec. III. The Commissioner of Public Schools is authorized and it 
is made his duty — 



4 AN ACT RELATING 

H 1 . To apportion annually, in the month of May, the money appro- 
priated to public schools, among the several towns of the State, in pro- 
portion to the number of children under the age of fifteen years, accord- 
ino- to the census taken under the authority of the United States, next 
preceding the time of making such apportionment. 

1^ 2. To draw all orders on the General Treasurer, for the payment of 
such apportionment in favor of the treasurer of such towns as shall com- 
ply with the terms of this act, on or before the 1st of July annually. 

[See § 4, U 3— § 5, IT 13.] 

"If 3. To prepare suitable forms and regulations for making all reports, 
and conducting all necessary proceedings under this act, and to transmit 
the same, with such instructions as he shall deem necessary and proper 
for the uniform and thorough administration of the school system, to the 
Town Clerk of each town., for distribution among the officers required to 
execute them. 

^f 4. To adjust and decide, without appeal and without cost to the parties, 
all controversies and disputes arising under this act, which may be sub- 
mitted to him for settlement and decision ; the facts of which cases shall 
be stated in writing, verified by oath or aftirmation if required, and ac- 
companied by certified copies of all necessary minutes, contracts, orders 
and other documents. 

rSee § 27.] 

^ 5. To visit as often and as far as practicable, every school district in 
the State, for the purpose of inspecting the schools, and diffusing as 
widely as possible by public addresses, and personal communication with 
school officers, teachers and parents, a knowledge of existing defects, and 
desirable improvements in the administration of the system, and the gov- 
ernment and instruction of the schools. 

•][ G. To recommend the best text books, and secure, as far as practica- 
ble a uniformity, in the schools of at least every town, and to assist, when 
called upon, in the establishment of, and the selection of books for school 
libraries. 

[See § 5. 1T9— § 14, IT 5.] 

II 7. To establish Teachers' Institutes, and one thoroughly organized 
Normal School in the State, where teachers, and such as propose to 
teach, may become acquainted with the most approved and successful 
methods of arranging the studies, and conducting the discipline and in- 
struction of public schools. 

^[ 8. To appoint such and so many inspectors in each county, as he 
.shall, from time to time, deem necessary, to examine all persons offering 
-themselves as candidates for teaching public schools, and to visit, 
inspect, and report, concerning the public schools, under such instruc- 
tions as said Commissioner may prescribe ; Provided, that as far 
as practicable such inspectors shall be experienced teachers, and 
shall serve without any allowance or compensation from the General 
Treasury. 

[See § 20, IT 2 and proviso.] 

H 9. To grant certificates of qualification to such teachers as have 
been approved by one or more county inspectors, and shall give satisfac- 
tory evidence of their moral character, attainments, and ability to govern 
and instruct children. 

[See § 20, ^ 2 and proviso.] 

If 10. To enter, or cause to be entered, in proper books to be provided 



TO PITBLIC SCHOOLS. 5 

for the purpose in his office, all decisions, letters, orders on the Treas- 
urer, and other acts as Commissioner of Public Schools ; and to submit 
to the General Assembly at the October session, an annual printed report, 
containing, together with an account of his own doings, — • 

First, — A statement of the condition of the public schools, and the 
means of popular education generally in the State ; 

Second, — Plans and suggestions for their improvement ; 

Third, — Such other matters relating to the duties of his office, as he 
may deem useful and proper to communicate. 

II. Powers and Duties of Towns. Section IV — IX. 

Sec. IV. To provide for the education of all the children residing 
within their respective limits, the several towns and cities of the state are 
empowered and it shall be their duty — 

^[ 1. To lay off their respective territory into primary school districts, 
and to alter or abolish the same when necessary ; Provided, that unless 
with the approbation of the Commissioner of Public Schools, no new 
district shall be formed with less than forty children, over four and under 
sixteen years of age \ and that no existing district, by the formation of a 
new one, shall be reduced below the same number of like persons ; And 
that no village or populous district shall be subdivided into two or 
more districts for the purpose of maintaining a school in each un- 
der one teacher, when two or more schools of different grades for the 
younger and older children, can be conveniently established in said 
district ; or 

[By act of June 1846, § 1, the school districts as established at the passage of 
the new school law, are recognized as such, and all alterations hereafter are to be 
made by the school committees subject to the foregouig provisos.] 

*1I 2. To establish and maintain, (without forming, or recognizing when 
formed, districts as above,) a sufficient number of public schools of diff'erent 
grades, at convenient locations, under the entire management and regula- 
tion of the school committee hereinafter provided. 

[See § 6, and § 17.] 

IF 3. To raise by tax at the annual meeting, or at any regular meeting 
called for the purpose, such sums of money for the support of public 
schools, as they shall judge necessary, which tax shall be voted, assessed 
and collected as other town taxes ; Provided, that a sum equal to one 
third of the amount received from the General Treasury for the support 
of public schools for the year next preceding, shall be raised, before any 
town shall be entitled to receive its proportion of the annual State appro- 
priation. 

[See § 3, IT 2. The money must be voted on or before the 1st of July, annually.] 

11 4. To elect by ballot or otherwise, at the annual town meeting, or 
at a meeting of the town previously designated for this purpose, a school 
committee, to consist of three, six, nine or twelve persons resident in such 
town, as the town shall determine at the first meeting held for the choice 
of said committee after the passage of this act. 

[By the Constitution, Art. 9, § 1, the school committee are not required to be 
qualified electors; and by the Digest, page 302, § 6, all town officers hold until their 
successors are qualified to act. By Digest, page 302, § 5, if any town, at its an- 
nual meeting, fails to elect any of the officers they may lawfully choose, (with cer- 
tain exceptions,) the town council inay choose them at its next meeting ; and any 
town may vote to delegate the election of them to the town councils.] 



6 AN ACT RELATING 

Sec. V. The School committees of the several towns, when quali- 
fied by oath or affirmation to the faithful discharge of their duties, are au- 
thorized and it shall be their duty — 

[By Art. 9, § 1, of Constitution, the office of school committee is spoken of as a 
civil office. And by Art. 9, § 4, all civil officers are required to take an engage- 
ment to support the con.stitutions of the State and of the United States. See form 
of the oath in Digest p, 305, i^ 22. Justices of the Peace or Wardens, (in those towns 
which elect Wardens,) and Public Notaries are authorized to administer oaths and 
affirmations. See Digest, page 104, § 5 — page 108, § 23, and page 88, § 2. And as 
the school committee, being town officers, hold until their successors are qualified, 
the chairman or clerk, as provided below, can administer the oath or affirmation 
to their successors until a majority of their successors are qualified.] 

*| 1. To elect a chairman, and in his absence or inability to serve, a 
chairman joro tern., who shall preside in all meetings, and sign all orders 
and official papers of the committee ; and a clerk, who shall keep min- 
utes of their votes and proceedings, in a book provided for that purpose, 
and have the custody of all papers and documents belonging to the com- 
mittee ; and either chairman or clerk when qualified may administer the 
oath or affirmation required of said other members of the school com- 
mittee, and of trustees of school districts. 

[See preceeding note.] 

^ 2. To hold at least four stated meetings, viz., on the 2d Monday of 
January, April, July, and October, in each year, and as often as the cir- 
cumstances of the schools require ; and a majority of the whole number 
chosen, shall constitute a quorum for the transaction of business, but any 
less number may adjourn to any time and place. 

Tf 3. To form, alter, and discontinue school districts, and to settle the 
boundaries between them when undefined or in dispute, subject to the di- 
rection or concurrence of the town, or the Commissioner of Public 
Schools. 

[By the act of June 1846, the formation and alteration of school districts is left 
exclusively with the school committee, subject only to the provisos of § 4, H 1, of 
this act, and to the appeal provided for by § 27.] 

^ 4. To locate all school-houses, and not to abandon or change the site 
of any without good cause. 

1[ 5. To examine by the whole board, or a sub-committee appointed 
for that purpose, all candidates as teachers in the public schools of the 
town, and give to such as may be found qualified, in respect to moral 
character, literary attainments, and ability to govern and instruct children, 
a certificate signed by the chairman, which shall be valid for one year, or 
until animlled. 

[As to the qualifications, see § 20, 11 2, proviso. The certificate may be signed 
by the chairman of the school committee or by the sub-committee. See § 20, >> 1.] 

If 6. To annul the certificates of such teachers as shall prove, on trial, 
unqualified, Or who will not conform to the regulations adopted by the 
committee. 

H 7. To visit, by one or more of their number, every public school in 
town, at least twice during each term of schooling, once within two 
weeks after the opening, and again within two weeks preceding the 
close of the school, at which visits, they shall examine the register of the 
teacher, and other matters touching the school-house, library, studies, 
discipline, modes of teaching, and the improvement of the schools. 

[As to supervision of joint districts see § 19. II 3.] 

K 8. To suspend during pleasure, or expel during the current school 



TO PUBLIC SCHOOLS. 7 

year, all pupils found guilty, on full hearing, of incorrigibly bad conduct, 
and re-admit the same, on satisfactory evidence of amendment. 

[As a part of the regulations of the school committee relating to discipline pro- 
vided for by the next paragraph, the power of temporary suspension can be dele- 
gated to the teachers or trustees, until a full hearing can be had before the com- 
mittee.] 

*1[ 9. To prescribe, and cause to be put up in each school-house, or 
furnished to each teacher, a general system of rules and regulations, for 
the admission and attendance of pupils, the classification, studies, books, 
discipline and methods of instruction, in the public schools. 

ir 10. To fill any vacancy in their own committee, or in the trustees of 
school districts, occasioned by death, resignation, or otherwise, by an ap- 
pointment, to continue till the next succeeding annual election, and no 
longer, at which time such vacancies shall be filled by the town or district 
respectively. 

•^11. To apportion, as early as practicable in each year, among the 
several school districts, in case the public schools are maintained through 
their organization, the money received from the State, one half equal- 
ly, and the other half according to the average daily attendance 
in the public schools of each district, during the year next pre- 
ceding, which money shall be designated as " teachers' money," 
and shall be applied to the wages of teachers, and for no other 
purpose whatever ; and further to apportion any other money, either 
raised by tax over the sum received from the State, or derived 
from the registry tax or funds, grants, or other sources of revenue 
appropriated to public schools, in such manner as the town may de- 
termine. 

[Daily attendance can be ascertained by the register provided for by § 21. As 
to penalty for misapplication of School money, see § 25.] 

•H 12. To draw an order on the treasurer of the town in favor of such 
districts, and such districts only, as shall have made a return to them in 
matter and form required by said committee, or by the Commissioner of 
Public Schools, from which it shall appear, among other things, that for 
the year ending the 1st of May previous, one or more public schools had 
been kept for at least four months by a teacher properly qualified, and in 
a school-house approved by the committee, and that the money designated 
" teachers' money," received from the treasurer of the town for the year 
previous, had been applied to the wages of teachers, and for no other pur- 
pose whatever. 

[As to money for secondary schools see § 18, IT 2. In case of children attend- 
ing schools in other towns or districts see § 24. In case there are no districts see 
§ 6. For signing orders, see H 1, and ^ 9.] 

TF 13. To prepare and submit annually. First, a return to the Commis- 
sioner of Public Schools, on or before the 1st of July, in matter and form 
as shall be prescribed by him ; and Second, a written or printed report to 
the town, at the annual town meeting when the school committee is 
chosen, setting forth the doings of the committee, and the condition and 
plans for the improvement of the public schools of their respective towns ; 
which report, unless printed, shall be read in open town meeting. 

Sec. VI. Whenever a town is not divided into school districts, or 
shall vote in a meeting duly warned for that purpose, to provide public 
schools of different grades without reference to such division, the school 
committee of said town shall perform all the duties devolved by this act on 



8 AN ACT RELATING 

the trustees of school districts, and pay all necessary expenses of the 
system, by drafts on the treasurer of the town. 

[See § 4 11 2, and § 17.] 

Sec. VII. Any town may establish and maintain a public school 
library for the use of the inhabitants generally of the town, and such library 
may be kept together at some convenient place, or be distributed into 
several parts, and transferred from time to time for the convenience of 
different districts or neighborhoods, under such rules and regulations as 
the town may adopt. 

Sec. VIII. The town clerk of every town shall keep a record of all 
votes and proceedings of the town relating to public schools, in a book 
provided for that purpose ; shall receive and keep all school reports and 
documents addressed to the town, and receive such communications as 
may be forwarded by the Commissioner of Public Schools, and dispose 
of the same in the manner directed by him. 

Sec. IX. The treasurer of each town respectively shall apply to the 
General Treasurer, and receive all monies to which the town may be en- 
titled under the apportionment and order of the Commissioner of Public 
Schools ; shall keep a separate account of all monies thus received, or 
appropriated by the town ; shall give notice to the school committee, 
within one week after the regular annual town meeting, of the amount of 
monies remaining in his hand, at the time, or subject to the order of said 
committee, specifying the sources from whence derived ; and shall pay 
out said money from time to time, to the orders of the school committee, 
signed by the chairman. 

III. School Districts. Section X — XIX. 

Sec. X. Every regularly constituted school district shall be num- 
bered, and its limits defined by the town, or the school committee of the 
town, which number and limits, and any alteration thereof, shall be en- 
tered on the records of the clerk of the town, and the records of the 
district. 

[See act of June 1846, § 1.] 

Sec. XI. When any two or more districts shall be consolidated into 
one, the new district shall own all the corporate property of the several 
districts ; and' when a district shall be divided, or a portion set off to an- 
other district, the funds, property, or the income and proceeds thereof, be- 
longing to such district, shall be distributed or adjusted among the several 
parts, by the school committee of the town or towns to which such dis- 
trict belongs, in a just and equitable manner. 

Sec. XII. 1 1. Notice of the time, place, and object of holding the 
first meeting of any district, shall be given by the committee of the town 
to which such district belongs. 

1^ 2. Every school district shall hold an annual meeting in the month 
of May in each year, for the choice of officers, and the transaction of any 
other business relating to schools in said district, and shall also hold a 
special meeting whenever the same shall be duly called. 

[By act of June 1846, § 2, the annual meeting may be held in April or May. The 
first meeting for organizing a district may be held at any time in any month after 
legal notice, but after they are organized the annual meetings must be held as be- 



TO PUBLIC SCHOOLS. 9 

fore mentioned. It was not supposed that the districts would all organize at once, 
nor was it intended to limit the time. If they do not organize, the committee may- 
keep the school. See act of June 1846, § 3.] 

*1f 3. The trustees may call a special meeting whenever they shall 
think it necessary or proper, and shall call a special meeting on the writ- 
ten request of five residents in the district qualified to vote, which request 
shall state the object of calling the same. 

^f 4. District meetings shall be held at the district school-house. If 
there be no school-house, the trustees shall determine the place of meet- 
ing. If there be no trustees, the committee of the town to which such 
district belongs, shall determine the place of meeting, which shall, in all 
cases, be within the limits of the district. 

^ 5. Notice of the time and place of every annual meeting, and of the 
time, place, and object of every special meeting of the district, shall be 
given at least five days inclusive, previous to holding the same. 

^ 6. The trustees, or if there be no trustees, then the committee of 
the town, shall give the notice of a district meeting, either by publishing 
the same in a newspaper printed in the district, or by putting the notice 
on the district school house, or on a sign-post within the district, or in 
some other mode previously designated by the district ; but if there be no 
such newspaper, school house, or sign-post, or other mode so designated, 
then the committee of the town to which such district belongs, shall de- 
termine how and where the notice shall be given. 

^ 7. Every person residing in the district may vote in district meetings, 
to the same extent, and with the same restrictions, as he may at the time 
be qualified to vote in town meeting. 

[As to who may vote for taxes see Constitution, Art. 2, § 2.] 

*1[ 8. Every district meeting may appoint a moderator, and adjourn from 
time to time. 

Sec. XIII. Every school district shall be a body corporate, and shall 
have power — 

T 1. To prosecute and defend in all actions relating to the property 
and affairs of the district. 

^ 2. To purchase, receive, hold and convey any real or personal pro- 
perty for school purposes. 

^3. To build, purchase, hire and repair school houses, and supply the 
same with black-boards, maps, furniture, and other necessary and useful 
appendages ; Provided, that the erection and repairs of the district school 
house shall be made according to plans and specifications approved by the 
school committee of the town, or the Commissioner of Public Schools. 

TI 4. To establish and maintain a school library. 

^ 5. To employ one or more teachers. 

^ 6. To raise money by tax on the rateable estates of the district, for 
school purposes ; and to fix a rate of tuition to be paid by the parents, 
employer or guardian of each child attending school, towards the expense 
of fuel, books, and other estimated expenses of the school, over and above 
the sum accruing to the district from the state and town appropriations ; 
Provided, that the rate of tuition, for any one term of three tnonths, shall 
not exceed one dollar per scholar ; and provided further, that the amount 
of such tax and the rate of tuition, shall be approved and authorized by 
the school committee of the town. 

[By § 14, If 6, the trustee or trustees must make out the tax bills. As to mode 
of assessing see I 15. As to mode of collection see § 13, H 8.] 



10 AN ACT RELATING 

T[ 7. To elect at the annual meeting, by ballot or otherwise, one per- 
son, resident in the district, to serve as trustee for the district, and to hold 
his odice for three years ; Provided, that the first election after the pas- 
sage of this act, three persons shall lie thus elected, one of whom shall 
serve one, a second, two, and the third, three years, to be determined by 
lot among themselves ; and provided further, that any new district may 
choose three trustees as above, at the first meeting called after its forma- 
tion, and the term of oifice of the one designated by lot to serve one 
year, shall expire at the next annual meeting of the school districts. 

[By act of June 1816, the districts at their meetings for organization, or at their 
annual ineetitigs, may elect either one or three trustees, (as they niay decide,) to 
hold their offices until the next annual meeting, or until their successors are 
qualified] 

8. 'I'o appoint a clerk, collector and treasurer of the district, who shall 
exercise the same powers and duties in their respective districts, as the 
clerk, treasurer and collector of the town, in their respective towns. 

Sec. XIV. The trustees of every school district, when qualified to 
the faithful discharge of the duties of their office, are authorized, and it 
shall be their duty — 

[The oath or affirmation may be administered by the chairman or clerk of the 
scl\ool committee, a Justice or Notary, or in Jamestown and New Shoreham by a 
Warden. See § 5, IF 1, and note.] 

11 1 . To have the custody of the school houses and other properly of 
the district. 

If 2. To give notice of all meetings of the districts in the manner pro- 
vided. 

[As to notice see § 12.] 
• "i 3. To employ at their discretion, one or more qualified teachers, for 
every fifty scholars in average daily attendance, provide school rooms, 
and furnish the same with fuel, properly prepared. 

[As to qualification of teachers sec § 20.] 

°i 4. To visit the schools by one or more of their number, twice at least 
during each term of schooling. 

*!f 5. To see that the scholars are properly supplied with books, and in 
case they are not, and the parents, guardians or masters, have been noti- 
fied thereof by the teacher, to provide the same at the expense of the 
district, and add the price thereof to the next school tax or rate bill of said 
parents. 

[i\s to what books shall be used see § 3, 1i 6, and § 5 IT 9.] 

II 6 To make out the tax and rate bills for tuition, against the persons 
liable to pay the same, as shall be voted by the district. 

If 7. To make such returns to the school committee in matter and form, 
as shall be prescribed by them, or the Commissioner of Public Schools, 
and perform all other lawful acts that may be required of them by the dis- 
itrict, or which may be necessary to carry into full efl'ect the powers and 
duties of schoool districts. 

Sec. XV. ^ 1. Whenever a tax shall be voted by any district, the same 
shall be levied on the ratable estate in said district, according to the esti- 
mate and apportionment in the tax bill of the town to which such district 
belongs, last completed, or next to be completed, as said district may 
direct. 

If 2. Whenever any real estate situated within the district is so assessed 
and entered in the tax bill of the town, in common with other estate sit- 



TO PUBMC SCHOOLS. 11 

Hateil out of said district, that there is no distinct or separate value upon 
it, the trustees of the district may call upon one or more of the assessors 
of the town, not residing in said district ; and it shall be the duty of said 
assessors on such application, to assess the value of said real estate so 
situated, and in makjng such assessment, to proceed as in making the 
tax bill o( the town. 

[As to notice and other particulars see Digest page 425.] 

Sec. XVL If any school district shall neglect or refuse to establish a 
school and employ a teacher for the same, for nine months, the school 
committee of the town may establish such school, and employ a teacher, 
as the trustees of the district might have done ; and any school district 
may, with the consent of the school committee, devolve all the powers 
and duties relating to public schools in said district, on said committee. 

[By act of June 1846, § 3, if any district neglects to organize, or, if organized, 
shall for the space of six months neglect or refuse to establish a school and employ 
a teacher, the school committee of the town may either by themselves or by an 
agent by them appointed establish a school and employ a teacher.] 

Sec. XVII. Any town, at any legal meeting, may vote to provide 
school-houses, furnish the same with fixtures and necessary and useful 
appendages, in all the districts, from lime to time, at the common expense 
of the town. 
[See § 4, IT 2, and § 6.] 

Sec. XVIIL ^1. Any two or more adjoining primary school districts 
in the same or adjoining towns, may by a concurrent vote, agree to estab- 
lish a secondary or grammar school, for the older and more advanced chil- 
dren of such districts, under the management of a committee, composed 
of one member from each of said districts, to be appointed annually for 
each district, by the school committee of the town, or towns to which 
such districts belong respectively ; and said secondary school committee 
shall locate the school, provide school house, fuel and furniture, emploj'' 
teachers, regulate the studies, the terms of admission, the number of pu- 
pils to be admitted, the rate of tuition, and have the general control of 
the school ; Provided, that no 'teacher shall be employed in any secondary 
school, without exhibiting a certificate of qualification, signed by a school 
inspector for the county, or the Commissioner of Public Schools. 

^r 2. The school committee of the town or towns in which such sec- 
ondary school shall be established, shall draw an order in favor of the 
committee of said school, to be paid out of the public money appropria- 
ted to each district interested in said secondary school, in proportion to 
the number of scholars from each. 

Sec. XIX. *[[ 1. Whenever it shall be found convenient to form a 
school district of two or more contiguous districts, or parts of two or more 
contiguous districts in adjoining towns, such towns respectively concur- 
ring therein, may form such district, and alter and discontinue the same, 
[By act of June 1846, the concurrence of the towns is rendered unnecessary.] 
^[ 2. The first meeting of any district composed of parts of two or 
more towns, shall he called by a notice signed by the school committees 
of the several towns to which such parts belong, and set up in one or 
more public places, in each town within the limits of the joint district; 
and said district may,, from time to time thereafter, prescribe the mode oif 



12 AN ACT RELATING 

calling and warning the meetings, in like manner as other school dis- 
tricts may do. 

•[f 3. Every district established by two or more towns, shall have all the 
powers, and perform all the duties allowed or prescribed in regard to 
school districts, and shall be subject to the supervision and general man- 
agement of the school committee of the town in which the school of the 
joint district may be kept, or the school-house, when erected, may stand. 

^ 4. Whenever a joint district shall vote to build or repair a school- 
house by tax, the amount of such tax, and the plan and specification of 
such building or repairs shall be approved by the school committee of the 
towns out of which said district is formed. 

IV. Teachers. Section XX-I. 

Sec. XX. No person shall be employed to teach as principal or as- 
sistant, in any school supported in part, or entirely, by public money, un- 
less such person shall exhibit a certificate of qualilication, signed either — 

If 1. By the chairman of the school committee of any town, or the 
sub-committee appointed for this purpose, which shall be valid for one 
year from the date thereof, in any public school or district in said town, 
unless annulled ; or, 

1^ 2. By an inspector for the county, which shall be valid for two years 
from the date thereof, in every town and district of the county for which 
such inspector shall be appointed, which last certificate, when signed by 
the Commissioner of Public Schools, shall be valid in any public school 
of the State, for three years, unless the same is annulled. 

Provided, That neither of the above authorities shall sign any certifi- 
cate of qualification, vmless the person named in the same shall pro- 
duce evidence of good moral character, and be found on examination, or 
by experience, qualified to teach the English language, arithmetic, pen- 
manship, and the rudiments of geography and history, and to govern a 
school. 

Sec. XXI. Every teacher in any public school, shall keep a register 
of all the scholars attending said school, their ages, their parents or guar- 
dians, the date when each scholar entered and left said school, and their 
daily attendance, together with the day of the month on which said school 
was visited by any of the authorities named in this act, with the names 
of the visitors. 

miscellaneous provisions. 

Sec. XXII. The General Treasurer shall pay to the treasurer of the 
town of Charlestown, the sum of one hundred dollars annually, to be ex- 
pended under the direction of some suitable person or persons to be ap- 
pointed annually by the Governor, in support of a school for the use of 
the members of the Narragansett tribe of Indians, and for the purchase 
of books and other incidental expenses of said school ; and an account 
of the expenditure of said money shall be rendered annually to the Gen- 
eral Assembly, and a report of the condition of the school be transmit- 
ted to the Commissioner of Public Schools, on or before the first Mon- 
day of May ; Provided, that in the apportionment of the public money, 
by the said Commissioner, and by the school committee of the town of 



TO PUBLIC SCHOOLS. 13 

Charlestown, the number of the Narragansett Indians in such, town shall 
not be included. 

Sec. XXIII. No child shall be excluded from any public school in 
the district to which such child belongs, if the town is divided into dis- 
tricts ; and if not so divided, from the nearest public school, except by- 
force of some general regulation, applicable to all children under the same 
circumstances ; and in no case, on account of the inability of the parent, 
guardian, or employer of the same, to pay his or her tax, rate, or assess- 
ment, for any school purpose whatever. 

[See §5, ^19.] 

Sec. XXIV". The school committee of any town, or the trustees of 
any school district, are authorized to make arrangements with the com- 
mittee of any adjacent town, or the trustees of any adjacent district, for 
the attendance of such children, as will be better accommodated in the 
public schools of such adjacent town or district, as the case may be, and 
to pay such a portion of the expense of said schools, as may have been 
agreed upon, or as may be just and proper. 

Sec. XXV. Any money appropriated to the use of public schools, 
which shall be applied by a town, school district, or any officer thereof, 
to any other purpose than that specified by the law, shall be forfeited to 
the Slate ; and any officer or person who shall fraudulently make a false 
certificate or order, by which any money appropriated to public schools 
shall be drawn from the treasury of the State, or the town, shall forfeit 
the sum of fifty dollars to the State ; and it shall be the duty of the Com- 
missioner of Public Schools to bring a suit to recover said forfeitures in 
behalf of the State. 

Sec. XXVI. In the construction of this act, the word "town" shall 
include the city of Providence, so far only as to entitle the same to a dis- 
tributive share of the money appropriated to the support of public schools, 
on making the annual report required of the several school committees, 
in matter and form as prescribed by the Commissioner of Public Schools. 

Sec XXVIL Any person ctmceiving himself aggrieved in conse- 
quence of any decision made by any school district meeting, or by the 
trustees of any district, or the committee of any town, or by a county 
inspector, or concerning any other matter arising under this Act, may ap- 
peal to the Commissioner of PubUc Schools, who is hereby authorized and 
required to examine and decide the same: and the decision of said Com- 
missioner, when approved by any Judge of the Supreme Conrt, shall be 
final and conclusive. 

[See §3, 11 4. J 

»Sec. XXVIII. All general acts and resolutions heretofore passed re- 
lating to public schools, and all acts authorizing particular towns and dis- 
tricts to build school houses, and perform other duties now provided for 
in the preceding sections, are hereby repealed. 

Provided, That all acts and resolutions relating to the public schools 
io the city of Providence, and the town of Newport, are hereby contin- 
ued in force. 

Provided further, That all rights vested in any person or persons by 
virtue of any of the acts hereby repealed, shall remain unimpaired and 



14 AN ACT RELATING TO PUBLIC SCHOOLS, 

unaltered by this act ; and that all matters commenced by virtue of any 
of the laws aforesaid, now depending or unfinished, may be prosecu- 
ted and pursued to final efiect, in the same manner as they might have 
been, if this act had not been passed. 

Sec. XXIX. This act shall not take effect till after the next ses- 
sion of the General Assembly, and in the mean time the existing laws 
relative to public schools shall continue in force. 
Passed, June Session, 1845. 

True Copy: Witness, HENRY BOWEN, Sec. 



AN ACT 
In addition to, and in amendment of " A7i Act relating to Public Schools." 

It is enacted by the General Asseinbly as follows : 

Section I. The limits of the school districts in the several towns shall 
continue the same as before the passage of said act, until they shall be 
altered by the school committee of the town ; and the formation or altera- 
tion of a joint district in adjoining towns shall be left with the school com- 
mittees of such towns. 

[This amends § 4, ii 1— § 5, H 3— § 10, and § 19, H 1, of the School Law of 
June 1845. 

Sec. II. Any school district may elect, at tlieir meeting for organi- 
zation, or at their annual meeting in April or May, either one or three 
trustees, as they may decide, and such trustee or trustees shall hold their 
offices until the next annual meeting, or until their successors are qualitied. 

[This amends § 13, If 7, and § 12, IT 2, of School Law of June 1845.] 

Sec III. If any school district shall neglect or refuse to organize, 
or if organized, shall for the space of six months, neglect or refuse to es- 
tablish a school and employ a teacher for the same, the school committee 
of the town may by themselves, or an agent by them appointed, establish 
such school and employ a teacher, as the trustees of the district might 
have done. 

[This amends § 16 of School Law of June 1845.] 

Sec IV. The Commissioner of Public Schools shall furnish to each 
district school a suitable register, and publish and distribute to each dis- 
trict, an edition of the school law with the alterations above made, and 
such forms and explanations as may be necessary for the uniform admin- 
istration of the same ; and the expense thereof, when approved by the 
Governor, shall be paid out of the 'treasury. 

Sec V. In case of the absence or sickness of the Commissioner 
of Public Schools, the Governor is hereby authorized to appoint a suitable 
person to act as Commissioner during such absence or sickness. 
Passed, June Session, 1846. 

True Copy : Witness, 

HENRY BOWEN, Sec. 



IIDEX. 



ADMISSION, of pupils to schools, regulated by school committee, V, IT 9. 

AFFIRMATION. See oaths. 

ALTERATION of school districts, may be made by school committee, V. IT 3.— in certain 

cases prohibited, V. IT 1, proviso. 
ANNUAL MEETING of school district, when held, XII. IT 2.— notice of, how given, XII. It 5. 
ANNUAL REPORT, of Commissioner, HI. IT 10.— school committee, V. IT 13. 
ANNUAL RETURN of school committee, V. IT 13. 
ANNUL certificates, by whom done, V. H 6, 

APPORTIONM ENT of school money by Commissioner, III. TT 1.— by school committee. V K 11. 
APPEAL TO COMMISSIONER, in ali cases provided for, XXVII. 
APPENDAGES to school houses, to be provided by district. X III. IT 3. 
APPROPRIATIONS FROM GENERAL TREASURY, amount of, II.— how, when and by 

whom apportioned, III. IT 1. — by whom, and in whose favor drawn, III. 11 2. 
ASSESSORS, duty of when called on by trustees of districts, XV. IT 2. 
ASSISTANT TEACHERS, must be examined, XX. 
ATTENDANCE, register of to be kept by teachers, XXL— average daily, half of state school 

money to be apportioned according to, V. IT 11. 
BLACKBOARDS, districts may furnish by tax. XIIL U 3. 

BOOKS used in schools— subject to regulations of school committee, V, IT 9.— Commissioner 
may recommend, III. IT 6.— may have uniformity, do.— to be provided by trustees, when 
parents ?ieglect or refuse to furnish them, XIV. it 5. 
BOOKS for school returns, to be prepared by Commissioner, III. IT 3. 
CHAIRMAN of school committee, V. IT 1. 
CHARLESTOWN, Indians in. See J^arragansett Indians. 

CERTIFICATE of qualification to teach, to whom given, XX. prwc/so.— by whom, XX.1T 1, 
2. HI. IT 9.— by whom annulled, V. IT 6.— to run one year when given by school com- 
mittee. — do. two years, by countv inspector. — three years, by Commissioner. 
CLERK of district, XIII, If 8.— of school commiitee, V. IT I. 
COLLECTOR of school district, how appointed, XIII. IT 8.— to proceed like collector of town 

taxes, XIIL IT 8. 
COMMITTEE of town. See school committee. 
COMMISSIONER OF PUBLIC SCHOOLS, office created, 1.— appointed by Governor, I.— 

term of service, I. — compensation, I. — dulii s of. III. IT 1-10. XXVII. 
CONDITIONS on which public money can be had by towns, HI. 'ii 2.— by districts, V. IT 12. 
CONSOLIDATION of school districts, XL 
CONTIGUOUS school districts, in adjoining towns, XIX. n 1. 
CONTROVERSIES, on any matter relating to schools, HI. IT 4. XXVI. 
CUSTODY of school house, XIV. IT 1. 
CORPORATE POWERS, given to school districts, XIII. 
COUNTY lNSPt;CTORS, see Inspectors. 
DISTRICT SCHOOL, must be kept four months and in a house approved by the committee, 

V IT 12 
DECISIONS of Commissioner, final in all cases referred to him by parties interested, III. IT 4. 

— in all cases when approved by a Judge of the Supreme Court, XXVII. 
DISCIPLINE of Schools, subject to regulations of school committee, V. IT 9. 
DISTRICT. See school district. 
DUTIES of Commissioner of public school. III.— Towns, IV-IX.— School committee of towns, 

v.— District, X-XX.— Trustees of district, XIIL— Teachers, XXI. 
DISPUTES arising under this Act, HI. IT 4. XVII. 
DIVISION^ of districts, corporate property, how divided, XI. 

ELECTION of school committee by town, IV. IT 4.— of chairman and clerk by school com- 
mittee, V. IT 1. — of sub-committee to e.xamine teachers, V. IT 5.— of trustees by school 
districts, XIII. IT 7.— of clerk, collector and treasurer, XIII. IT 8. 
EXAMINATION of candidates to teach by county inspector, III. IT 8.— by school committee, 

V. IT 5.— by sub-committee, V. IT 5. 
EXCLUSION from school cannot be made on account of poverty of parents, XXIII. 
EXPULSION of pupils from school, by school committee, V. IT 8. 
FUEL, properly prepared, to be supplied by trustees, XIV. IT 3. 
FIFTY scholars, average daily attendance of, enough for one teacher, XIV. IT 3. 
FIRST MEETING, of school districts, XII. H 1. 
FURNITURE of school room, XIII. IT 3. 
FORFEITURE, of school money, XXV. 

FORMS for returns, &c., to be furnished by commissioner. III. IT 3. 
GENERAL TREASURER, duties of, II. 
GRADATION of schools provided for, IV. IT 2. 

GRAMMAR OR SECONDARY SCHOOLS may be established, XVIII. IT 1, 2. 
HIRE, school rooms, districts may, XIII. IT 3. 

INSPECTORS, county, appointed by Commissioner, IIL IT 8.— duties of. III. IT 8. 
INSTITUTE TEACHERS, HI. IT 7. 
JOINT DISTRICTS may be formed from adjoining districts in two or more towns, XIX.— 

powers of, when formed, do. 
LENGTH of district school, V. IT 12 

LIBRARY, public school, for towns, VIL- for districts, XIII. IT 4. 
LIMITS of school districts, to be defined and recorded, X. 
LOCATION of school houses, V. ti 4. 
M.APS for schools may be furnished by districts, XIII. V 3. 

MEETINGS of school committee, V. IT 2.— of school districts, annual, XII. 1T2.— special, do. 
MISCONDUCT of pupils when incorrigible, V. IT 8. 

METHODS or modes of teaching, to be inquired into by school committee, V. IT 7. 
MONEY, how apportioned to towns, HI. it 1.— conditions of, III. i 2.— how apportioned and 
paid out to districts, V. ii 11. & 12. 



16 

NOKMAL SCHOOL duty of Commissioner to establish, III. IT 7. 

NUMBER of pupils for one teaclier, XIV. 11 3. 

NOTICB of district meetings, XII. 

NARRAGANSETT INDIANS, school for, XXH. 

OATH or atiirination, all facts in cases submitted to commissioners Jo be verified by, III. TT 4. — 
to be taken by school committi-e, V. — by trustees of districts, XIV. — may be administered 
by chairman or clerk of school committee, V. IF 1. — form of oaih, V. If 1. note. 

ORDERS on general treasurer, III. IF 2. — on town treasurer, made and signed by chairman of 
school committee, IX. 

ORGANIZ.'VTION of School districts, XII. IT 1. 

PRIMARY SCHOOL DISTRICTS. See school disMcls. 

PUBLIC SCHOOLS, open toallchildren, XXII XXllI 

PUKCHAsE, real or personal property, power to given to districts, XIII. H 2. 

QUALIFICATIONS, of teach(Ms, XX. proKio-o.— certificate of, required, XX. — of voters in 
school district meeting, XII. IF 7. 

aUARTERLV MEETINGSof school committee, V. 112. 

QUORUM, of school committee, V 2. 

KATE BILL, for tuition may be established by district, XIII. IT 6.— amountof, limited, XIII. 
IF 6, proviso. — to be made out l>y trustees, XIV. IF 6. 

REAL ESi'ATE, when not distinctly valued in lax bill of town, how to be assessed, XV. ITS. 

RECORD, of decisions, &c , lobe kept by Commissioner, HI. IF 10.— of towns relating to public 
schools, VIII. — of alterations of school districts, X. 

KEGISTER of school to be kept by teachers, XXI. 

REGISTRY tax, how apportioned, V. li 11 

REGULATIONS respecting books, attendance, &c., to be made by school committee, V. IT 9. 

REPAIRS of school houses to be made after plans approved by school committee or Commis- 
sioner, XIII. If 3. 

REPORT of Commissioner, III. IF 10.— of school committee, V. IF 13. 

REPORTS, form and regulations for making, to be prepared, and forwarded to town clerks, by 
Commissioner, III. 1i 3. 

RESTORATION of pupils suspended or expelled, V. IF 8. 

RESIDENTS OF SCHOOL DISTRICTS, how far they vote, XII. IT 7. 

RETURNS to Commissioner, to be made by school committee, V. H 13.— bylrustees of districts, 
XIV. H 7. 

RULES respecting books, &c. see Regulations. 

SCHOOL DISTRICTS, how created and altered, V. 3-10-IV. IT l.-povvers of, X-XIX. 
neglecting to organize, committee may keep school in, XVI — may devolve duties on 
coniinittee, XVI. 

SCHOOL HOUSE, may be provided by town, XVII. -by districts, XIII. IT 3.— plan of, to be 
approved, do. prou(4-». — furnished with maps, furniture, do. — located by scliool commit- 
tee, V. IF 4. — duly of trustees respecting, XIV. IT 1, 3. — how provided for joint district, 
XIX. IT 4.— for secondary schools, XVIII. IT 1. 

SCHOOL LIBRARIES, commissioners may assist in establishing and selecting books for III. H 
6 see Libraries. 

SECON DARY school, defined, XVUL IT 1.— how established, do.— how supported, do. IT 2. 

SCHOOL BOOKS. See Books. 

SCHOOL COMM TTEE, appointed by towns, IV. IT 4 —number of, IV. IT 4.— duties of, V 
IT 1-13, when town is not districted, VI. — may establish school in districts not organizing 
or neglecting to keep school, XIV. 

SCHOOLS, must be kept in a house approved by committee, V. IF 12. — in a district not organ- 
ized, may be kept by committee or agent, VI. 

SITE for school house. V. IT 4. 

STATE CERTIFICATE of qual'fications, may be given by Commissioner, lU. IF 9. 

STUDIES in school, subject to regulation of school committee, V. IT 9. 

SUB COMMITTEE of examination, V. IF 5. 

SUSPENDor expel pupils from school, by whom done, V ii8. 

SPECIFICATIONS for the building and reiiairs of school houses, must be approved, XIII IT 3 

SPECIAL MEETING of school districts, XII. 1F3. 

SUITS for money falsely drawn or illegally applied, to be brought by Commissioner, XXV 

SUPREME COURT, Judge of, when to be called on, XXVII. 

TAX, towns empowered to raise money by, for scliool purposes, IV. IT 3. — must raise a sum 
equal to one third received from st.ite, IV. IF 3 proviso. — school districts empowered to 

raise money by, Xlll. IF ti. — lobe levied according to tax list of the town, XV. IT 1. town 

or district to be laid and collectedhke any town tax, XV. If 2. XIII. II 8. 

TAX AND RATE BILLS to be made out by trustees of dislricts. XIV. IT 6. 

TEACHERS, qualification of, XX. provi.so. — certificate of, by whom given, XX. IT I, 2. 

by whom annulled, do.- must keep register, XXI. 

TEACHERS' MONEY, what designated, V. IF 11,— how apportioned, V. IT 12. 

TOWN CLERK, dutiesof, respecting public school.-, VIII. 

TOWN school libraries, VII. 

TOWN TREASURER, do. IX. 

TREASURER, general or state, do. II. 

TRUSTEES of school districts, how chosen, XIII. IT 7.— duties of, XIV. 

TUITION, rate of, may be fixed by districts, XIII. IT 6 —to be approved by committee, do. 

UNIFORMITY of school books in same town, commissioners may secure, HI. IF 6. 

VAl 'AN ( 'IE-, in school committee, in trustee of districts, to be filled by school committee V. f 10 

VILLAGE, or populous districts, can be subdivided, with the nppr obalion of Commissioner, 

VISIT.ATION of schools by Commissioner, IH. IF 5.— school committee, V. 7.— countyinspector 

III."1F 8.— trustees of school districts, XIV. IF 4. 
VOTERS, wiio may be in district meetings, XII. H 7. 



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